UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. XX-CV-XXXXX-RAR
XXXX.,
Plaintiff,
v.
XXXX,
Defendant.
_______________________________________/
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION,
AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE
THIS CASE is set for trial during the Court’s two-week trial calendar beginning on
XXXX. Counsel for all parties shall also appear at a calendar call at 11:00 a.m. on XXXX. 1
Unless instructed otherwise by subsequent order, the trial and all other proceedings in this case
shall be conducted in Courtroom 11-2, 11th Floor, at the Wilkie D. Ferguson, Jr. United States
Courthouse, 400 North Miami Avenue, Miami, Florida 33128. The parties shall adhere to the
following schedule:
XXXX The parties shall select a mediator in accordance with Local Rule 16.2; schedule a
time, date, and place for mediation; and jointly file a proposed order scheduling
mediation via CM/ECF in the form specified on the Court’s website. The mediation shall
take place in person. Requests to appear virtually by videoconference or other remote
means must be made by motion. In addition to filing the joint proposed order, the parties
shall also email the order to
[email protected] in Word format. The email subject
line must include the case number as follows: XX-CV-XXXX-RAR. If the parties
cannot agree on a mediator, they shall notify the Clerk in writing as soon as the impasse
becomes clear, and the Clerk shall designate a certified mediator on a blind rotation basis.
Counsel for all parties shall familiarize themselves with, and adhere to, all provisions of
1
Pursuant to Local Rule 16.1(c), the Court does not conduct pretrial conferences unless otherwise
requested by the parties.
Local Rule 16.2. 2 Within seven (7) days of the mediation, the parties shall file a joint
mediation report with the Court. The report shall indicate whether the case settled (in full
or in part), whether it was adjourned, or whether the mediator declared an impasse. If
mediation is not conducted, the case may be stricken from the trial calendar, and other
sanctions may be imposed.
XXXX. The parties shall file all motions to amend pleadings or to join parties.
XXXX. The parties shall exchange expert witness summaries or reports.
XXXX. The parties shall exchange rebuttal expert witness summaries or reports.
XXXX. All discovery, including expert discovery, shall be completed. 3
XXXX. The parties must have completed mediation and filed a mediation report.
XXXX. The parties shall file all pre-trial motions, including motions for summary
judgment, and Daubert motions. Each party is limited to filing one Daubert motion. If a
party cannot address all evidentiary issues in a 20-page memorandum, it must petition the
Court for leave to include additional pages. The parties are reminded that Daubert
motions must contain the Local Rule 7.1(a)(3) certification.
XXXX. The parties shall submit a joint pre-trial stipulation, proposed jury instructions and
verdict form, or proposed findings of fact and conclusions of law, as applicable, and shall
file any motions in limine (other than Daubert motions). Each party is limited to filing one
motion in limine, which may not, without leave of Court, exceed the page limits allowed
by the Rules. The parties are reminded that motions in limine must contain the Local
Rule 7.1(a)(3) certification.
Jury Instructions and Verdict Form. Although they need not agree on each proposed
instruction, the parties shall submit their proposed jury instructions and verdict form jointly.
Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold
type. Instructions proposed only by a plaintiff shall be underlined. Instructions proposed only by
2
Pursuant to Local Rule 16.2(e), the appearance of counsel and each party (or the representatives of each
party with full authority to enter into a full and complete compromise and settlement) is mandatory. The
Court may impose sanctions against parties and/or counsel who do not comply with these attendance or
settlement authority requirements. The mediator shall report non-attendance to the Court and may
recommend the imposition of sanctions for non-attendance.
3
The parties may, by agreement or with the consent of the paired Magistrate Judge, extend this deadline
so long as that extension does not interfere with any of the other deadlines contained in this Scheduling
Order.
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a defendant shall be italicized. Every instruction must be supported by citation to authority. The
parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including
the directions to counsel contained therein. The parties shall submit, in Word format via e-mail to
[email protected], proposed jury instructions and verdict form, including substantive charges
and defenses, prior to the Calendar Call. The email subject line must include the case number
as follows: XX-CV-XXXX-RAR. For instructions on filing proposed documents, please see
http://www.flsd.uscourts.gov.
Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate
Judge Rules, all discovery matters are hereby referred to United States Magistrate Judge XXXX.
Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the parties may consent to trial and final
disposition by the Magistrate Judge. The deadline for submitting a consent is XXXX.
Good Faith Conferral. For the purposes of compliance with the good faith conferral
requirement of Local Rule 7.1(a)(3), the parties are instructed that a single e-mail exchange with
opposing counsel shall not constitute a good faith effort under the Local Rules. The parties are
instructed to confer either telephonically or in person.
Discovery. The parties may stipulate to extend the time to answer interrogatories, produce
documents, and answer requests for admissions. The parties shall not file with the Court notices
or motions memorializing any such stipulation unless the stipulation interferes with the deadlines
set forth above. Stipulations that would so interfere may be entered into only with the Court’s
approval. See FED. R. CIV. P. 29. In addition to the documents enumerated in Local Rule 26.1(b),
the parties shall not file notices of deposition with the Court. Strict compliance with the Local
Rules is expected, particularly with respect to motions practice. See S.D. FLA. L.R. 7.1.
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Discovery Disputes. The parties shall not file any written discovery motions,
including motions to compel, for protective order, or for sanctions, without the consent of
Magistrate Judge XXXX. Counsel must actually confer and engage in reasonable compromise
in a genuine effort to resolve their discovery disputes before seeking the Court’s intervention. The
Court may impose sanctions, monetary or otherwise, if it determines that a party has improperly
sought or withheld discoverable material in bad faith. If, after conferring, the parties are unable to
resolve their discovery dispute without Court intervention, they shall not file written motions.
Rather, the parties shall follow Judge XXXX’s discovery practices and procedures to schedule the
matter for a hearing.
Trial Exhibits. All trial exhibits must be pre-marked. The Plaintiff’s exhibits must be
marked numerically with the letter “P” as a prefix; the Defendant’s exhibits must be marked
numerically with the letter “D” as a prefix. The parties must submit a list setting out all exhibits
by the date of the calendar call. This list must indicate the pre-marked identification label (e.g.,
P-1 or D-1) and include a brief description of the exhibit. The exhibit list shall refer to specific
items and shall not include blanket statements such as all exhibits produced during depositions or
Plaintiff reserves the use of any other relevant evidence. Exhibits omitted from the list will not be
allowed at trial.
Voir Dire Questions. The Court will require each prospective juror to complete a brief
written questionnaire prior to the commencement of questioning in the courtroom. Any party may
submit up to five proposed, case-specific questions to be included in the questionnaire. The
proposed questions must be filed with the Court on or before Calendar Call and must also be
submitted to the Court, in Word format, via e-mail to
[email protected]. The email subject
line must include the case number as follows: XX-CV-XXXX-RAR. The Court will begin voir
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dire by questioning the venire individually and as a whole and will permit limited attorney-directed
voir dire thereafter. The Court will not permit the backstriking of jurors. Counsel shall meet and
prepare a concise, non-argumentative statement of the case to be read to the jury in connection
with voir dire. The statement shall be filed with the Court also at or before calendar call.
Settlement Notification. If this matter is settled, counsel shall inform the Court promptly
via telephone (305-523-5730) and/or e-mail (
[email protected]). In addition, counsel must
promptly file a stipulation of settlement.
DONE AND ORDERED in Miami, Florida, this [day] day of [month], 2024.
_________________________________
RODOLFO A. RUIZ II
UNITED STATES DISTRICT JUDGE
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